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How to Create a Powerful Brand Identity

Your brand identity is a unified set of visual elements that affects the way people perceive your brand and what it means to them.

This is important because if your visual identity isn’t congruent and appealing, then your prospects may not take you seriously. Even worse they may purchase from your competitors instead of from you – just because your competitors LOOK more professional.

All the visual elements throughout your business should be designed to clearly communicate your brand’s values and voice in a consistent way. This includes: your logo, your color palette, your typography, your imagery, your packaging, your website, your social media, your print media and all other visual communications across all of your marketing & product delivery touch-points.

We have created this 5 step process to show you how to create a strong brand presence that will resonate with your target audience…

The brand discovery phase

The brand research phase

The brand design phase

The brand style guide phase

The brand implementation phase

STEP 1 :Brand Discovery Phase

Before you hire a designer, get clear on your brand values.Take the time to put into words, what your brand represents and how you want it to be remembered. Get clear on what the purpose of your brand is and what problems your brand solves.

Good designers ask about your brand. A great designer should have a process around this discover phase. The right designer will have a design questionnaire that asks you a series of foundational questions about your brand so they can discover everything they need to know about your brand before they start designing.

Provide your designer with as much detailed information as possible about your brand’s target audience and purpose.

For example when asked about your target audience, a one word answer like ‘women’ is too broad. A better answer will include things like: Gender, Age, Profession, Geographic location, Socioeconomic status, Frustrations, etc.

Describe the feeling you want to evoke from your target market with your brand. Remember that people buy with emotions and then justify later with “logic”. Visuals are a key part of hooking your audience emotionally to draw them closer to your brand.

You’re making a long term investment, so think beyond today.Describe your objectives for your brand and where you see your brand in 5 years from now.

Your designer will be able to create a better result if you provide as much clarity and information as you can.

The goal of the discovery phase is for your designer to truly understand what your brand represents and your vision. Once your designer has this knowledge they can move confidently to the research phase.

STEP 2 :Brand Research Phase

Creating a new brand identity requires a similar approach to starting a new business. This means the research phase is a critical piece to making sure that your brand is unique and has a place in your niche.

Once your designer is clear on the brief, they should spend time researching your competitor’s websites and social media platforms. This will ensure your brand identity will be truly unique and NOT similar to your competitors.

Your designer should also study your target audience to see where they hang out on social platforms, what they like and dislike, who they follow, what else they are into, what type of music & films they like, etc.

Remember, the goal is to create a brand identity that resonates with your target audience, so the more your designer knows about your audience, the more they can create a visual identity that is likely to appeal to that audience.

While your designer is researching they should be collecting visuals along the way. This is all part of the creative process.

Your designer will also be drawing on other reference points and their own talent. At Studio1Design, we start by researching the competitive landscape. We also explore branding trends relevant to your market place and brainstorm creative ideas as a team.

For this reason there can be a huge amount of design ideas developed. So it’s vital to refine the process further and eliminate 90% of what’s collected and keep only the stuff that will make sure your brand identity direction is original and unique. Then we will provide you with conceptual ideas and direction of how your brand identity could look aesthetically with brand ‘mood boards’.

The brand mood boards take all the text-based information and conversations from the ‘discovery phase’ and translate it into visual concepts.

A mood board is essentially a collage of images, textures, patterns, colors compositions, design styles, elements and fonts. An effective mood board will tell a story that defines your brand and communicates your brand’s new identity direction.

This may involve a couple of varied design style directions and color palettes presented to you to nail down what aesthetics you like the most out of the concepts provided.

Brand mood boards are a key design tool for defining the overall style, aesthetics and visual language of your brand. They are a great way to establish the tone of your brand and allow you to see what you like and what you don’t like.

Once you decide which direction you like the most, you have a strong design foundation. You will be excited to see what your designer creates and you will be confident that it will be as per the direction you have agreed to.

Brand mood boards streamline the design phase process.They make sure that the look of the final graphics and design elements will be on track so that the designer doesn’t go off on a tangent.

STEP 3 :Brand Design Phase

After your designer has determined your target audience, clarified your brand voice, conducted market research and defined the various elements of your brand via mood boards, it’s time for the fun part, the design phase.

In this phase, key design assets are created – the building blocks for all your ongoing branding.

The aim here is to make sure that every element is designed to complement and visually enhance your brand in a succinct way.

These design assets are the building blocks of your visual brand identity and need to work harmoniously together to tell your story. They need to be flexible and need to work across all of your branding touch-points.

For a new brand

It’s important for the design to stand out with your own unique look so that your brand becomes memorable over time.

Rebranding

For an update to an an existing brand you need to be clear about where the brand has been where it is going.

You want to make sure that the new brand won’t confuse existing customers, while enticing new customers at the same time. So if possible keep part of the previous visual identity as a design element within the new brand identity.

This could mean keeping the same colors or the same icon or the same supporting elements, etc. Don’t keep all of them – just use one, so that your exisiting customers will identify with the new look.

Brand design elements

Your visual brand identity can be expressed with any number of design elements, including:

Pro tip:If your brand has too many colors, it won’t be as memorable as if it only has a few colors. Think: Coke or Ferrari and you associate those brands with red. Think: Cadbury or Halmark and you associate those brands with purple. They almost own a single color!! We like to use 2-3 colors most of the time and the reason is so that when we’re designing a website, we have a contrast color to use on the ‘Call To Action’ buttons, so they stand out against the main color.

Your designer will need to know where you intend to use your branding elements, so they can make sure the designs will work across the different purposes, including;

If you have signage made or shirts printed or embroidered, there may be limitations on how many colors you can use, so your logo needs to be adaptable to suit.

Color can be a huge part of your identity, however don’t let it be the most memorable part of your logo. The best logos also work well as a one color logo.

Pro tip:If your logo is too detailed or colorful, it will look like a mess when viewed at a small size or from a distance. Think about the world’s most iconic brand logos like: McDonalds, Shell, Apple, Playboy, Nike, WWF, Levi’s, Mercedes, etc. They all looks great at a small size.

It’s much better to have a simple logo instead of a detailed logo because it’s easier for your audience to remember.

However it’s actually much harder to create a simple logo, compared to creating a detailed logo. This is because the logo needs to represent your brand– so the more you take away, the less there is remaining to work with. It’s much harder to represent a brand with only a few lines or shapes.

Once you have your logo and brand elements finalized, from that point you will want to make sure that all of your marketing touch-points represent your brand in a consistent way. This is why we recommend having a brand style guide.

STEP 4 :Brand Style Guide Phase

A brand style guide is the core of your brand identity. It’s a practical document that contains in depth rules about your logo usage, typefaces, and color palette codes for use online and also for offline printing, layout guidelines, image uses, and so much more.

The purpose of having a brand style guide is so that all of your design collateral and marketing materials will have a cohesive look.

This means you can give your brand style guide to all the creatives that work on your marketing, from website designers, to social media designers, to stationery designers, to videographers, to signage designers, etc. They can all follow the same set of guides to make sure your assets are used professionally, to ensure you will have a consistent look across all of your marketing.

Without a style guide you risk inconsistency across different marketing & advertising platforms. If you’re not consistent, your brand will end up appearing unprofessional and lose identity, making your brand less trustworthy. It’s a crucial control mechanism for your brand.

Brand style guides are as important for a small business as they are for a large business. They are a tool that will help you with consistency. Consistency is one of the key psychological drivers that influence people to take action, so be thorough when you start implementing the branding elements.

STEP 5 :Brand Implementation Phase

This is where you get to see your visual brand identity take shape and where it get’s really exciting.

Your brand identity design assets should be planned constructed specifically in order to engage your prospects and customers, to give them the best brand experience that’s consistent across all your marketing touch-points.

Your marketing touch-points are any point where your prospect or customer engages with your brand, before, during, or after they purchase something from you.

Here are a few examples of branding touch-points where you will benefit from having a strong consistent visual brand identity.

Website & Landing Pages:Your website is where your brand identity should come through in full force. Your website is one of the most representative aspects of your brand identity.

Your website is the hub of your business and is where your prospects will go to check you out before deciding to do business with you.

You can’t afford to have a poorly designed website in a highly competitive market or you risk your prospects thinking that your delivery capability is no better than your website.

Advertising:The more consistent you are, the more you will be trusted, so TV Ads, Billboards, Promotional Products, Printed Advertising, Point Of Sale, Events, etc. all need to match – and match your online presence.

Social Media Content:Social media marketing is all about original visual content. It is critical that your brand is instantly recognisable. You need to ensure your brand image is consistent on all your social media sites.This includes profile images, advertising, post images, video, etc.

Product Packaging:Even your products should be part of your marketing. The products you sell and the packaging in which they come in, from product packaging, postal/shipping packaging, to in-store packaging and labelling, etc. will work smarter for you if they match.

Print Media:Don’t forget what you put on paper.Brochures, User Manuals, Books, Catalogues, Business Cards, Stationary, Publications, Direct Mail, Flyers, etc. can all help spread trust through visual and message consistency.

Professionally designed brand identities are fluid, engaging and translate seamlessly from one marketing touch-point to the next. It’s important to understand that any failure of a touch-point to deliver an on-brand experience can risk losing trust in your prospects, so use professional designers that follow your brand style guide to ensure you get a cohesive & impactful result.

Summary:

So think about the value of your visual brand and how best to invest in it.

Now that you understand the marketing magic it can make, also think about how you will approach designers in the future.

Imagine what you might be missing out on, if you just went to a designer or developer you found through crowd sourcing and asked them to “design you a website”.

Would you have the confidence in hiring them to produce a design that’s going to appeal to your audience and align with your brand vision?

Brand identity design is a multi-step process where each step is based on the needs of your target audience and the goals of your brand.

Whether you’re totally overhauling your brand identity or you’re just starting out, always strive for consistency and look for ways to apply great design at every touch point of your brand.

To have a consistent visual message that’s on brand, hire a professional designer or design team that understand what we have outlined in this 3 part series on branding.

STUDIO 1 DESIGN – PRIVACY POLICY

This following document sets forth the Privacy Policy for the Studio1 Design website: Studio1Design.com. Studio1 is committed to providing you with the best possible customer service experience. Studio1Design is bound by the Privacy Act 1988 (Crh), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

We collect Non-Personally Identifiable Information from visitors to this Website. Non-Personally Identifiable Information is information that cannot by itself be used to identify a particular person or entity, and may include your IP host address, pages viewed, browser type, Internet browsing and usage habits, advertisements that you click on, Internet Service Provider, domain name, the time/date of your visit to this Website, the referring URL and your computer’s operating system.

Free offers & opt-ins

Participation in providing your email address in return for an offer from this site is completely voluntary and the user therefore has a choice whether or not to disclose your information. You may unsubscribe at any time so that you will not receive future emails.

Purchases through this website

For access to our design services & for our customer support you are required to submit personally identifiable information. This may include but not limited to a unique username and password, address and phone number. We do not store any of your payment processing details when you make a purchase on this site. All secure payments are processed via Paypal. Paypal is a trusted & secure payment gateway.

Cookie Based Retargeting & Marketing

From time to time some of our advertising campaigns may track visitors to this website for the purpose of display advertising. If this is a concern to you should turn-off third party cookies in your web browser.

Sharing of your personal information

Your personal information that we collect as a result of you purchasing our products & services, will NOT be shared with any third party, nor will it be used for unsolicited email marketing or spam. We may send you occasional marketing material in relation to our design services.

Changes to this Privacy Policy

Studio1Design reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use this website.You may contact us at any time with regards to this privacy policy.

Designer on Tap Terms and conditions

Between Studio 1 Pty Ltd ABN 46 082 517 539 (we or us) and you.

These terms and conditions (Terms) govern your subscription to our design services as provided by the “Designer on Tap” subscription product (Service) which is set out more fully at www.studio1design.com/unlimited/ (Website) and forms a binding contractual agreement between you, the user of the Service, and us.

By using the Service you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Service.

You acknowledge and agree that you have had sufficient chance to read and understand the Terms, and you agree to be bound by them.

Fees and costs

The Service is available for purchase as a monthly subscription through our Website. We will invoice you the agreed monthly rate (Fee) in advance, and the Fee will be automatically deducted from your credit card each month.

If your credit card expires or your credit card details change, you must let us know as soon as possible. Delay in payment may result in suspension or termination of your subscription by us.

Unless otherwise stated on the Website or in any invoice we provide you, the Fee is quoted in US dollars and expressed inclusive of all taxes.

If you require custom coding services or any other services that are not contained in the Service description on the Website (Additional Services), then we will advise you of this and of the estimated cost for the provision of those Additional Services. You agree that any Additional Services will be subject to our standard terms and conditions.

You must not share, or allow any person outside of your organisation to use, your access to the Service without our prior consent. We reserve the right to immediately terminate your subscription at any time without liability if you allow, or we have reasonable grounds to suspect that you have allowed, access to the Service by an unauthorised person.

Timing

We will use reasonable commercial endeavours to deliver the Services in accordance with any agreed timeframes, but we do not guarantee any timing estimates and we will not be in breach of our obligations if we fail to meet any such timelines.

Intellectual Property Rights

You acknowledge and agree that all Intellectual Property Rights in all creation files, working files, artwork and other documents provided by us in connection with the Services vest in us on its creation. For the avoidance of doubt, this does not include your Background IP or any licences (such as image licences).

Upon full payment of our fees but subject to clause 5.3, we will assign to you all Intellectual Property Rights in the project, except in relation to any of our Background IP. In such case we have a perpetual, irrevocable licence to use the relevant project Intellectual Property Rights unless agreed otherwise in writing. For the avoidance of doubt, Intellectual Property Rights that we have agreed to transfer to you do not include any licences (such as image licences) or other Intellectual Property Rights that we are not able to assign.

Each party retains ownership of its Background IP and grants to the other party a non-exclusive, royalty-free licence as follows:

for us, to the extent necessary to enable us to provide the Services, exercise our rights in accordance with the provisions of these terms and conditions and otherwise carry out our obligations under these terms and conditions, and

for you only for the purpose and scope of the project, unless otherwise agreed in writing.

If during the course of providing the Services we develop discover, or first reduce to practice a concept, product or process which is capable of being patented, then such concept, product or process will remain our property and you must not use or otherwise appropriate such property without first obtaining our written consent.

To the extent permitted by applicable laws and for your benefit, we will, upon your request in writing procure the consent from the holder of any Moral Rights in the project.

We may purchase rights to images that we use in providing the Services to you. Such images may be subject to a licence agreement between us and a third party that may restrict your use of those images. Please ask us if you would like to be given a copy of the terms of any such licence. Unless otherwise agreed in writing, we may at our discretion use images that have been used in providing the Services to you, with other clients or on other works. If you require specific images, you may be required to pay additional fee(s) for that use. Even if we agree to provide an image to you exclusively, we cannot guarantee that the image will not be used by other third parties who may have obtained these images from another party.

Warranties and liability

You warrant that all work and materials provided by you (including your Background IP) will be free and clear of all liens and encumbrances and may be lawfully used by us without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

You acknowledge that you have not relied on any advice, representation or warranty given by us in connection with the Services that is not expressly stated in this document.

To the extent permitted by law, all warranties, conditions and representations by us are excluded. If a term is implied by law into this document and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included this document. However, our liability for breach of such term will be limited, at our option, to one or more of the following:

the supply of the services again; or

the payment of the cost of having the services supplied again.

If you are not happy with our Services, to the extent permitted by law we will not provide you with a refund, but supply you with the Services again within reason, until you are satisfied with the outcome.

To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of our provision of the Services.

Without limitation, we will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of:

any act done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this document

any infringement by you of third-party Intellectual Property Rights, and/or

any breach by you of any of the terms of this document.

We do not guarantee that our Services will provide any specific results. In particular, and without limiting the foregoing, we make no guarantees, warranties or representations as to sales or revenue that may be achieved or that you will receive any new or increased numbers or customers as a result of our Services.

Termination

You may terminate your subscription to the Service at any time by notifying us through your account on the Website that you wish to terminate your subscription in which case termination will be effective at the end of the billing period which you have paid.

We reserve the right to suspend Services immediately at any time and without liability if you breach these Terms in any way.

If you breach any term or condition of this document and fail to remedy such breach within 14 days of you receiving written notification from us indicating the breach and requiring its remedy then we may at our discretion treat this document as terminated, in which case we will retain the Intellectual Property Rights in the Services even if we had previously agreed to assign it.

Termination due to a breach of this document by you does not in any way prejudice any of our rights including our right to receive payment for Services rendered.

Non-Solicitation

You must not during the term of this document, or for a period of 6 months following completion of any project that we undertake for you:

employ, contract or hire the services of any of our personnel, or

induce or attempt to induce any of our personnel to terminate their agreements or contracts with us.

General

All notices and consents required or permitted to be given under this document must be in writing and given by personal service, pre-paid postage, a facsimile transmission, or email transmission at the addresses of the parties set out in this document or to such other address as either party may designate to the other by written notice.

Neither this document nor any rights or obligations of this document may be assigned or otherwise transferred by either party without the prior written permission of the other.

If we do not act in relation to a breach by you of this document, this does not waive our right to act with respect to that or subsequent or similar breaches.

Nothing stated in this document constitutes you and us as partners, or creates the relationship of employer and employee, master and servant or principal and agent between the parties. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as expressly provided in this document or authorised in writing.

If any provision of this document should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be affected or impaired. This document must be construed so as to most nearly give effect to the intent of the parties as it was originally executed.

These terms and conditions are governed by and to be interpreted according to the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.

Definitions

Background IP means Intellectual Property Rights owned by either party immediately prior to the date of this agreement or developed independently of this agreement.

Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, know-how, trade marks (whether registered or not), business names (whether or not registered), domain names, inventions, discoveries, patents, patent applications, designs, circuit layouts and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organization of July 1967.

Moral Rights means the right of attribution, the right against false attribution and the right of integrity of authorship as defined in the Copyright Act 1968 (Cth).

STUDIO 1 DESIGN – DESIGN AGREEMENT

Between Studio 1 Pty Ltd ABN 46 082 517 539 (we or us) and you. You wish to appoint us to provide you with the services that you have requested through the website found at www.studio1design.com (Website) or otherwise provided in a Quote, and we agree to provide those services, in accordance with the terms and conditions set out below (Terms). These Terms may be updated by us from time to time without notice. You should check this page regularly to take notice of any changes we may have made to the Terms, prior to placing any new order with us. You acknowledge and agree that you have had sufficient chance to read and understand the Terms, and you agree to be bound by them.

Terms and conditions

All services are provided subject to these terms and conditions, which (together with the Quote) sets out the entire understanding and agreement between us.

Fees and costs

In consideration for us providing the services, you must pay all fees, charges and costs set out in the Quote.

If you require any services that are not contained in the original Quote, or if there are elements of the services which require additional time, material or resources to be provided by us, including if there is a request for changes or further services after approval of a deliverable, then we will advise you of the additional services and additional fees required before providing you with the additional services.

Payment

Payment for services must be paid in full prior to commencement. You pay at the checkout when placing an order for our services on the Website.

If you have requested a Quote for our customised services, then this will be provided to you together with our invoice.

Our services will only commence after payment is received. However if we do commence work prior to receiving payment, this does not in any way prejudice our right to seek payment.

Timing

We will use reasonable commercial endeavours to deliver the services in accordance with any agreed timeframes, but we do not guarantee any timing estimates and we will not be in breach of our obligations if we fail to meet any such timelines.

Intellectual Property Rights

You acknowledge and agree that all Intellectual Property Rights in all creation files, working files, artwork and other documents provided by us in connection with the services vests in us on its creation. For the avoidance of doubt, this does not include your Background IP or any licences (such as image licences).

Upon full payment of our fees but subject to clause 5.2, we will assign to you all Intellectual Property Rights in the project, except in relation to any of our Background IP. In such case we have a perpetual, irrevocable licence to use the relevant project Intellectual Property Rights unless agreed otherwise in writing. For the avoidance of doubt, Intellectual Property Rights that we have agreed to transfer to you do not include any licences (such as image licences) or other Intellectual Property Rights that we are not able to assign.

Each party retains ownership of its Background IP and grants to the other party a non-exclusive, royalty-free licence as follows:

for us, to the extent necessary to enable us to provide the services, exercise our rights in accordance with the provisions of these terms and conditions and otherwise carry out our obligations under these terms and conditions, and

for you only for the purpose and scope of the project, unless otherwise agreed in writing.

If during the course of providing the services we develop discover, or first reduce to practice a concept, product or process which is capable of being patented, then such concept, product or process will remain our property and you must not use or otherwise appropriate such property without first obtaining our written consent.

To the extent permitted by applicable laws and for your benefit, we will, upon your request in writing procure the consent from the holder of any moral rights in the project.

We may purchase rights to images that we use in providing the services to you. Such images may be subject to a licence agreement between us and a third party that may restrict your use of those images. Please ask us if you would like to be given a copy of the terms of any such licence. Unless otherwise agreed in writing, we may at our discretion use images that have been used in providing the services to you, with other clients or on other works. If you require specific images, you may be required to pay additional fee(s) for that use. Even if we agree to provide an image to you exclusively, we cannot guarantee that the image will not be used by other third parties who may have obtained these images from another party.

Warranties and liability

You warrant that all work and materials provided by you (including your Background IP) will be free and clear of all liens and encumbrances and may be lawfully used by us without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trade mark rights of any third party.

You acknowledge that you have not relied on any advice, representation or warranty given by us in connection with the services that is not expressly stated in this document.

To the extent permitted by law, all warranties, conditions and representations by us are excluded. If a term is implied by law into this document and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included this document. However, our liability for breach of such term will be limited, at our option, to one or more of the following:

the supply of the services again; or

the payment of the cost of having the services supplied again.

If you are not happy with our services, to the extent permitted by law we will not provide you with a refund, but supply you with the services again within reason, until you are satisfied with the services, To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of our provision of the services.

Without limitation, we will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.

You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of: any act done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this document any infringement by you of third-party Intellectual Property Rights, and/or any breach by you of any of the terms of this document.

We do not guarantee that our services will provide any specific results. In particular, and without limiting the foregoing, we make no guarantees, warranties or representations as to sales or revenue that may be achieved or that you will receive any new or increased numbers or customers as a result of our services.

Confidentiality

“Confidential Information” means all material or information of a confidential nature, received or acquired by Studio 1 or its customers or created either partly or in whole by Studio 1s designers during the course of this agreement, relating to the Services and products, including software products, or general business operations of Studio 1 and its customers. Such information or material may include, but is not limited to:

Studio 1 agrees that ye will treat all Confidential Information as being strictly confidential, and hold it in the strictest confidence, at all times during and after termination of this agreement, and that this requirement is reasonable to protect the Confidential Information of Studio 1 and its clients.

Studio 1 agrees not to disclose, or cause or allow to be disclosed, Confidential Information to any person, except:

if required to do so by law, although Studio 1 must notify the client immediately upon becoming aware that it will be required to disclose any Confidential Information in accordance with this clause;

with Studio 1’s express prior written consent,

to Studio 1’s agents, employees, or advisers as a necessary part of the proper performance of Studio 1s duties and only to the extent necessary to properly carry out those duties.

Studio 1 agrees that we will not use the Confidential Information, or cause or allow the Confidential Information to be used:

for our own benefit or advantage

for the benefit or advantage of any person except Studio 1, or

to the detriment of Studio 1 or any related entities or Studio 1’s customers.

Studio1 must not make any copy or summary of any Confidential Information, except if required to do so in the course of the provision of the Services.

Studio 1 acknowledges and agrees that all Confidential Information is and will at all times remain the exclusive property of its customers, as the case may be.

Studio 1 acknowledges and accepts that Studio 1 may be required to enter into separate confidentiality agreement with customers of Studio 1.

The obligations above do not apply to any Confidential Information which is in the public domain other than due to a breach of an obligation of confidence (whether or not under this agreement).

Termination

This agreement terminates six (6) months from the date that we commence providing the services.

If the provision of our services is postponed or terminated by you, we will retain the development designs for six months from the date that we commence providing the services. After that date, if you wish to retain our services again to continue with the provision of the previous services, we will provide you with a new Quote.

We reserve the right to suspend services immediately at any time and without liability if you fail to perform your obligations under this document, including failing to make payments to us by a due date.

If you breach any term or condition of this document and fail to remedy such breach within 14 days of you receiving written notification from us indicating the breach and requiring its remedy then we may at our discretion treat this document as terminated, in which case we will retain the Intellectual Property Rights in the services even if we had previously agreed to assign it.

Termination due to a breach of this document by you does not in any way prejudice any of our rights including our right to receive payment for services rendered.

Non-Solicitation

You must not during the term of this document, or for a period of 6 months following completion of any project that we undertake for you:

employ, contract or hire the services of any of our personnel, or

induce or attempt to induce any of our personnel to terminate their agreements or contracts with us.

General

All notices and consents required or permitted to be given under this document must be in writing and given by personal service, pre-paid postage, a facsimile transmission, or email transmission at the addresses of the parties set out in this document or to such other address as either party may designate to the other by written notice.

Neither this document nor any rights or obligations of this document may be assigned or otherwise transferred by either party without the prior written permission of the other.

If we do not act in relation to a breach by you of this document, this does not waive our right to act with respect to that or subsequent or similar breaches.

Nothing stated in this document constitutes you and us as partners, or creates the relationship of employer and employee, master and servant or principal and agent between the parties. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as expressly provided in this document or authorised in writing.

If any provision of this document should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be effected or impaired. This document must be construed so as to most nearly give effect to the intent of the parties as it was originally executed.

These terms and conditions are governed by and to be interpreted according to the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.

Definitions

Background IP means Intellectual Property Rights owned by either party immediately prior to the date of this agreement or developed independently of this agreement. Intellectual Property Rights means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, know-how, trade marks (whether registered or not), business names (whether or not registered), domain names, inventions, discoveries, patents, patent applications, designs, circuit layouts and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organization of July 1967. Moral Rights means the right of attribution, the right against false attribution and the right of integrity of authorship as defined in the Copyright Act 1968 (Cth). Quote refers to any quotation, proposal, statement of work or services description from us as appears on our Website in relation to the services you have purchased, or as provided by us to you from time to time. Website means the website found at the URL www.studio1design.com.